Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-3-14 - Inmates Rights14.1. Access to Courts. Inmates shall have unlimited access to courts and be allowed to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.14.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, para-legals, and experts. Attorney/client interview rooms with privacy shall be provided. Provision shall be made for contacts during normal facility hours, for uncensored correspondence and telephone communication.14.3. Access to Paper and Supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters, or in preparing written communications. Facility staff shall ensure that such interaction of inmates can occur to the maximum extent possible, subject only to legitimate safety and security concerns.14.4. Voting. Facility officials shall offer inmates on pretrial status and those convicted of a misdemeanor the opportunity to exercise their right to vote. Inmates shall be advised of their right to vote.14.5. Religious Observance. Inmates shall have reasonable opportunities to practice their religions, be permitted visits by spiritual advisors at reasonable times, subject to security concerns. Provisions shall be made for access to clergy or spiritual advisors, publications and religious symbols, and for opportunities to adhere to dietary and other requirements of various faiths.14.6. Discrimination. Each inmate shall be free from discrimination based on race, religion, national origin, sex, handicap, or political beliefs. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.14.7. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.14.8. Appearance. Inmate appearance shall not be limited unless it presents clear health, safety or security hazards.14.9. Grievance Procedure. The facility shall have a written grievance procedure explained and available to all inmates and staff. It shall give inmates an opportunity to seek redress for violations of facility rules and regulations or other interference with the inmate's rights or privileges. The procedures shall include a provision for an investigation of the grievance and for a written response within a reasonable time and proper action taken to insure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the complainant shall have a personal opportunity to be heard before a decision on the complaint is made. If denied, an appeal shall be available.